Please read the following terms and conditions of use ("the Terms") carefully before using the website www.homes-club.com ("the Website"). The Terms apply to the entire contents of the Website. By browsing or using the Website you are deemed to have agreed
to comply with and be bound by the Terms regardless of whether or not you register with the Website. If you do not agree to the Terms please do not use the Website.
1. About us
The Website is operated by Homes-Club International Limited ("Homes-Club") a private company limited by shares incorporated and registered in England and Wales under company number 06803083 whose registered office and main trading address is at 4 High Street, Sherington, Newport Pagnell, Buckinghamshire MK16 9NB.
2. Access to the Website
2.1
Access to the Website is permitted on a temporary basis and Homes-Club reserves the right to withdraw or amend the service it provides on the Website without notice.
2.2
From time to time Homes-Club may restrict access to some parts of the Website (or to the entire Website) to users who have registered with the Website. Upon registration such users warrant that they are or have been one (or more) of the following:
2.2.4
a member of the alumni; or
of an independent school anywhere in the world.
2.3
If you choose (or you are provided with) a user identification code, password or any other piece of information as part of Homes-Club’s security procedures you must treat such information as confidential and you must not disclose it to any third party. Homes-Club shall have the right (at its discretion) to disable any user identification code or password (whether chosen by you or allocated by Homes-Club) at any time.
2.4
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and that they comply with them.
2.5
While Homes-Club endeavours to ensure that the Website is normally available 24 hours a day, Homes-Club shall not be liable if for any reason the Website is unavailable at any time or for any period.
2.6
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Homes-Club's control.
2.7
You may use the Website for lawful purposes only. You may not use the Website:
2.7.1
in any way that breaches any applicable local, national or international law or regulation;
2.7.2
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
2.7.3
for the purpose of harming or attempting to harm minors in any way; or
2.7.4
to transmit, or procure the sending of, any unauthorised advertising or spam.
2.8
You agree not to access without authority, interfere with, damage or disrupt:
2.8.1
any part of the Website;
2.8.2
any equipment or network on which the Website is stored;
2.8.3
any software used in the provision of the Website; or
2.7.4
any equipment or network or software owned or used by any third party.
3. Intellectual property rights
3.1
Unless otherwise stated Homes-Club is the owner or the licensee of all intellectual property rights in the Website and in the material published on it including (without limitation) photographs and graphical images. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2
You may print off one copy and may download extracts of any pages from the Website for your personal reference and you may draw the attention of others to material posted on the Website.
3.3
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4
Homes-Club’s status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
3.5
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from Homes-Club or its licensors.
3.6
Subject to this clause no part of the Website may be reproduced, duplicated, copied or stored in any other website or included in any public or private electronic retrieval system or service without Homes-Club's prior written permission.
3.7
If you print off, copy or download any part of the Website in breach of the Terms your right to use the Website will cease immediately and you must (at Homes-Club’s discretion) return or destroy any copies of the materials you have made.
4. Accuracy of the Website
4.1
Certain information and material on the Website is uploaded by users of the Website and Homes-Club does not warrant the accuracy and completeness of any such information and material.
4.2
While Homes-Club endeavours to ensure that any information and material that Homes-Club uploads to the Website is correct, Homes-Club does not warrant the accuracy and completeness of any such information and material.
4.3
Homes-Club may make changes to the information and material on the Website at any time without notice. The information and material on the Website may be out of date and Homes-Club makes no commitment to update such information and material.
5. Liability
5.1
The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Homes-Club, any companies in the same group of companies as Homes-Club, the officers, directors, employees,
shareholders or agents of Homes-Club or of any companies in the same group of companies as Homes-Club and any third parties connected to Homes-Club including any schools (and associated organisations) affiliated to Homes-Club hereby expressly exclude:
5.1.1
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
5.1.2
any liability and responsibility for any amount of direct, indirect, punitive or consequential loss or damages incurred by any user or any other party in connection with the Website or in connection with the use, the inability to use, the results of the use of
the Website, any websites linked to the Website or any materials posted on the Website or posted on any websites linked to the Website, including (without limitation) any liability for:
5.1.2.1
loss of income or revenue;
5.1.2.2
loss of business;
5.1.2.3
loss of profits or contracts;
5.1.2.4
loss of anticipated savings;
5.1.2.6
loss of goodwill;
5.1.2.7
wasted management or office time;
5.1.2.8
loss or damage due to viruses that may infect your computer equipment, software, data or other property; and
5.1.2.9
any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.
5.2
Nothing in this clause shall exclude or limit Homes-Club’s liability for:
5.2.1
death or personal injury arising from its negligence (as such term is defined by the Unfair Contract Terms Act 1977);
5.2.3
misrepresentation as to a fundamental matter; or
5.2.4
any other liability which cannot be excluded or limited under applicable law.
6. Privacy
Homes-Club processes any information about you in accordance with its privacy policy [insert link to Privacy Policy] ("the Privacy Policy"). By using the Website you consent to such processing and you warrant that all data provided by you is accurate.
7. Uploading material to the Website
7.1
Whenever you make use of a feature that allows you to upload material to the Website or to make contact with other users of the Website you must comply with the Terms including the content standards set out in clause 7.2 ("the Standards"). You are prohibited from posting or transmitting to the Website any material that is in breach of the Terms (including the Standards) and you warrant that any such contribution complies with the Terms (including the Standards) and with the spirit of the Terms (including the Standards) and you hereby indemnify Homes-Club for any breach of that warranty.
7.2
The Standards are as follows:
7.2.1
Contributions must be accurate (where they state facts);
7.2.2
Contributions must be genuinely held (where they state opinions);
7.2.3
Contributions must comply with applicable law in the UK and in any country from
which they are posted;
7.2.4
Contributions must not contain any material which is defamatory of any person;
7.2.5
Contributions must not contain any material which is indecent, obscene, offensive,
hateful or inflammatory;
7.2.6
Contributions must not promote sexually explicit material;
7.2.7
Contributions must not promote violence;
7.2.8
Contributions must not promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
7.2.9
Contributions must not infringe any copyright, database right or trade mark of any
other person;
7.2.10
Contributions must not be likely to deceive any person;
7.2.11
Contributions must not be made in breach of any legal duty owed to a third party
such as a contractual duty or a duty of confidence;
7.2.12
Contributions must not promote any illegal activity;
7.2.13
Contributions must not be threatening, abuse or invade another's privacy, or cause
annoyance, inconvenience or needless anxiety;
7.2.14
Contributions must not be likely to harass, upset, embarrass, alarm or annoy any
other person;
7.2.15
Contributions must not be used to impersonate any person, or to misrepresent your
identity or affiliation with any person;
7.2.16
Contributions must not give the impression that they emanate from Homes-Club, if
this is not the case; and
7.2.17
Contributions must not advocate, promote or assist any unlawful act such as (by
way of example only) copyright infringement or computer misuse.
7.3
Homes-Club shall have the right to disclose your identity to any third party who
is claiming that any material posted or uploaded by you to the Website constitutes
a violation of their intellectual property rights or of their right to privacy.
7.4
Homes-Club will not be responsible or liable to any third party for the content
or accuracy of any materials posted by you or any other user of the Website.
7.5
Homes-Club shall (at its discretion) have the right to remove any material or posting
you make on the Website if such material does not comply with the Terms or for any
other reason.
7.6
Homes-Club shall fully co-operate with any law enforcement authorities or court
order requesting or directing it to disclose the identity or locate anyone posting
any material in breach of the Terms.
7.7
Certain information and material on the Website is uploaded by users of the Website
for the purpose of advertising (among other things) property that may be available
to other users of the Website as a holiday home under a home exchange arrangement
or property that may be available to other users of the Website to rent. Homes-Club
has not reviewed or verified and does not endorse any such information and material
(or any of the users that posted any such information and material) and Homes-Club
does not make any representations, warranties or guarantees about the accuracy or
completeness of any such information and material. If you enter into a contractual
arrangement with another user of the Website (or any other party) then you do so
at your own risk. You are strongly recommended to undertake all necessary enquiries
and seek professional advice (including legal advice) prior to entering into any
such contractual arrangement and to take any necessary steps (including obtaining
suitable insurance cover) to protect you against any loss or damage that may result
from any such contractual arrangement and Homes-Club hereby expressly excludes any
liability and responsibility for any amount of direct, indirect, punitive or consequential
loss or damages incurred by any user or any other party in connection with any such
contractual arrangement.
7.8
Users that upload information and material to the Website for the purpose of advertising
property that may be available to other users of the Website as a holiday home under
a home exchange arrangement or property that may be available to other users of
the Website to rent ("the Property"), warrant that they own the Property or that
they are authorised by the owner of the Property to advertise it as such.
8. Viruses, hacking and other offences
8.1
You must not misuse the Website by knowingly introducing viruses, Trojans, worms,
logic bombs or other material which is malicious or technologically harmful.
8.2
You must not attempt to gain unauthorised access to the Website, the server on which
the Website is stored or any server, computer or database connected to the Website.
8.3
You must not attack the Website via a denial-of-service attack or a distributed
denial-of service attack.
8.4
By breaching the provisions in this clause you may commit a criminal offence under
the Computer Misuse Act 1990 and Homes-Club will report any such breach to the relevant
law enforcement authorities and will co-operate with those authorities by disclosing
your identity to them. In the event of such a breach your right to use the Website
will cease immediately.
8.5
Homes-Club will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use
of the Website or to your downloading of any material posted on it or on any website
linked to it.
9. Links to the Website
9.1
You may create links to (but not replicate) the Website provided you do so in accordance
with the following conditions:
9.1.1
Any link must be fair and legal and must not damage Homes-Club's reputation or take
advantage of it;
9.1.2
You must not establish a link in such a way as to suggest any form of association,
approval or endorsement on Homes-Club's part where none exists;
9.1.3
You must not establish a link from any website that is not owned by you;
9.1.4
You must not create a link to any part of the Website other than the home page;
9.1.5
You must not remove, distort or otherwise alter the size or appearance of Homes-Club's
logo or any other logo;
9.1.6
You must not create a frame or any other browser or border environment around the
Website;
9.1.7
You must not misrepresent your relationship with Homes-Club nor present any other
false information about Homes-Club;
9.1.8
You must not use any Homes-Club trade marks displayed on the Website without express
written permission from Homes-Club; and
9.1.9
You must not establish a link to the Website from a website that contains content
that is distasteful, offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does not comply with all
applicable laws and regulations.
9.2
If you wish to make any use of material on the Website other than as set out above
please address your request to info@homes-club.com.
9.3
Homes-Club reserves the right to revoke the rights granted in this clause without
notice and to take any action it deems appropriate.
10. Links from the Website
10.1
Where the Website contains links to other websites and resources provided by third
parties these links are provided solely for your convenience.
10.2
Homes-Club has not reviewed any third party websites and has no control over the
contents of such third party websites or resources and accepts no responsibility
for them or for any loss or damage that may arise from your use of them.
10.3
Homes-Club does not endorse any third party websites or make any representations
about them and if you access any third party websites linked to the Website you
do so entirely at your own risk.
11. Variations
11.1
Homes-Club may revise the Terms at any time by amending this page. You are expected
to check this page from time to time to take notice of any changes Homes-Club makes
as any changes are binding on you.
11.2
Some of the provisions contained in the Terms may also be superseded by provisions
or notices published elsewhere on the Website.
12. Suspension and Termination
12.1
Homes-Club will determine, in its discretion, whether there has been a breach of
the Terms through your use of the Website. When a breach of the Terms has occurred
Homes-Club may take such action as Homes-Club deems appropriate.
12.2
Failure to comply with the Terms constitutes a material breach and may result in
Homes-Club taking all or any of the following actions:
12.2.1
Immediate, temporary or permanent withdrawal of your right to use the Website without
any right to repayment of any fees paid to Homes-Club;
12.2.2
Immediate, temporary or permanent removal of any posting or material uploaded by
you to the Website;
12.2.3
Issue of a warning to you;
12.2.4
Legal proceedings against you for reimbursement of all costs on an indemnity basis
including (but not limited to) reasonable administrative and legal costs resulting
from the breach;
12.2.5
Further legal action against you; and
12.2.6
Disclosure of such information to law enforcement authorities as we reasonably feel
is necessary.
12.3
The responses described in this clause are not limited and Homes-Club may take any
other action it reasonably deems appropriate.
12.4
Homes-Club excludes liability for actions taken in response to breaches of the Terms.
13. Jurisdiction and applicable law
13.1
The English courts will have exclusive jurisdiction over any claim arising from
or related to a visit to the Website.
13.2
The Terms and any dispute or claim arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and Wales.
14. Your concerns
If you have any concerns about material which appears on the Website please contact
info@homes-club.com.